[Music] I've went out and I and I have driven my truck without, you know, with a suspended license, but it's cuz it's because of the uh the plates on that are on the vehicle or the automobile. When you have them plates on your automobile, it gives them the right. It tells them they have the right to pull you over. >> Welcome to facts or frauds. [Music] Mr. Gonzalez, you're muted. You need to unmute yourself. There you go. All right. All right. Let's go in the record in the matter of the people state of Michigan versus Fernando Gonzalez file 221744 ST. Let's have appearances. >> Good afternoon, your honor. John Duffields for the people of the state of Michigan. >> Mr. Gonzalez, state your name, please. >> Mr. Gonzalez, please state your name. Mr. Gonzalez is uh choosing not to identify himself on the record. So, we're just going to be proceeding. So, um I do note that Mr. Gonzalez had uh a motion for uh dismissal. I presumed he wished to uh verbally argue it, although I have reviewed the motion. Um do you have any uh response to Mr. Gonzalez's motion? Your honor, at this point I would ask that the motion be denied uh and that the proceeding and that the trial defense trial proceed accordingly. Thank you. >> Mr. Gonzalez, you wish to uh uh make any further statement beyond your written motion. >> Choosing not to respond. Uh I have reviewed the motion. I uh and note that uh there's no basis in law for the motion for uh dismissal in this matter. Uh all of the uh arguments are uh specious and I will uh deny the motion for dis dismissal. My court reporter advised that uh there uh Mr. uh Gonzalez had sent a text that he was not able to get his mic working. So, I'm going to back proceedings up a little bit to accommodate that if you would choose. >> Your honor, while Mr. Gonzalez reconnects, uh, the people have one proposed exhibit. When I get it marked, >> Sure. >> I keep getting hung up on no cell service, not using Wi-Fi. >> Can you hear me now? >> Yes, now we can hear you. Very good. All right. State your name for the record. >> My name is Fernando Gonzalez. living man. >> Very good. And we already have Mr. >> Exact same name. >> In regard to the matter for motion to dismiss, uh, Mr. uh Gonzalez, >> your honor, >> I did hear you identify yourself as Fernando Gonzalez. Thank you. Please proceed with your motion for dismissal. >> I'm I'm here representing my corporate fiction of the same name and I'm here to motion. Well, you're here as are >> No, you're here as as Fernando Gonzalez because if you're not here as Fernando Gonzalez, I will have to issue a bench warrant for Fernando Gonzalez. >> You and I both know I'm representing my corporate fiction, the all caps name. >> You cannot do that. You cannot represent a party other than yourself, sir. >> Well, then we got a problem. >> And you and I you and I both know that. So proceeding as Fernando Gonzalez, do you wish to address your motion for Do you wish to address your motion for dismissal? >> Yeah, I would like to challenge like you didn't um I'm here by special appearance to challenge jurisdiction and motion to dismiss for lack of um >> Well, isn't that special? >> Lack of jurisdiction. I mean, I've all but trademarked my corporate fiction name. You know, we're going to just have to do this again in six months once it's trademarked. Well, that's not true. Your motion is dismissed uh and denied uh because it is not based on any actual recognized legal uh basis. So, in regard to the trial, >> I object to that. >> Okay, that's fine. you can object and then and and upon receipt of your judgment, you can go ahead and file an appeal on that if you so choose. But we are proceeding. Mr. Delfield, >> thank you. I would call Deputy Louise Hempston to the stand. >> Your honor, would you like me to approach the podium or may I stay at the table through the duration of question? >> You can you can remain a copy of my >> You swear to tell the truth, the whole truth, and nothing but the truth. >> Yes, sir. >> Have a seat. State your name. Spell for the record. >> Hempston. H E M P E S T O N. >> Very good. Uh please proceed. >> Thank you. >> Uh Deputy Hempston, where are you currently employed? >> Al County Sheriff's Office. >> How long uh have you been employed at that uh location? >> Almost five years. >> And what are your job duties entail? >> Uh road control the sheriff's office. Now, do you recall making a traffic stop um with Mr. Fernando Gonzalez? Uh I believe it was June of 2022. >> Yes, June 26, 2022. >> Uh do you know where this traffic stop was located? >> Was on the northbound 131 on the 66 mile marker. It would have been in the Wayland Township. >> And what was the nature of the stop? Why did you initiate a stop? >> I observed a vehicle traveling in front of me. It was going northbound. I was also going northbound. The vehicle did not have a license plate registration attached to it. I can see >> and so you initiated a traffic stop at that point. >> Yes, sir. >> Did you make contact with the uh driver of the vehicle? >> Yes, sir. >> Um did you ask the driver for their license and registration? >> Yes, I did. >> Uh did the driver provide you such documentation? >> I got object. And that's >> what is your objection? >> He's labeling me a driver when he has no proof that I was transporting goods services or passengers for hire. >> Your objections overruled. Please proceed. >> Thank you. Uh again, did he provide any uh the documentation uh that he requested? >> When I asked for them, he said that he did not have them and then he told me he wasn't driving. >> Do you recall what type of vehicle um the individual was in? It was a silver Ford. I believe it was a Focus. >> And to your knowledge, is that a motor vehicle? >> Yes, sir. >> Um, were you able to identify uh the driver in some capacity or in some way? >> Yes, I was. There was some legal documents. The driver would not identify himself and I attempted to look at the thin plate on the front dashboard underneath the front windshield which subscribed by some paperwork. that paperwork for legal documents and identified a person's name and it also identified an address. I used that address and that name using lean to come up with a a name and the picture that identified the same person that was driving the vehicle. >> And did you when that was pulled up in your law enforcement information network, did uh that include information on whether the uh and whether the individual had a valid driver's license? send operator status was denied suspended. So, >> did you inform the operator of the vehicle about this? >> Yes. >> All right. And then was the individual who name you read and who uh law enforcement information network provided you the information was that individual Fernando Gonzalez? >> Yes. Your honor, does the defendant have the uh at this point I would ask is the defendant have the capability to turn on his video camera so that the witness would be able to verify whether the person present is or is not that individual. >> Mr. Gonzalez, turn on your camera, please. >> Is it on? Can you see me? >> No, you need to you have it turned off actually. >> Well, it says it's on on my end, but I don't see myself. But you pro >> How's that? >> There you go. There you go. >> If you if you were to see this individual again, would you be able to recognize them? >> Yes. >> All right. Uh, do you see that if you see that person in the courtroom or on >> Can I see? >> If you were to see that person in the courtroom or on Zoom, please identify them and point out the things that they're wearing. >> Fernando Gonzalez on the Zoom screen. >> Mr. Gonzalez, uh, you uh, thank you for turning your camera on. If you don't wish to keep it on, that's fine. I don't have a problem with that. But you I I usually like to be looking at the person I'm I'm uh dealing with in court. But I do need you to take your hat off because we are in court. >> I'll take my hat off for $500. >> Well, then then you can e you can either take your hat off or be held in contempt of court or you can turn your camera off. One or the other. >> I'll turn my camera off. I don't like being told what to do. Damn it. >> Okay, very good. >> Um, may the record reflect that >> he did identify. Yes. >> Um, and so you said that this traffic stop occurred northbound US 131 near the 66 mile marker. >> Yes, sir. >> To your knowledge, is that within the borders of Aligant County? >> Yes, sir. >> In the state of Michigan? >> Yes, sir. >> Uh, and US 131, is that a limited access highway? >> Yes, it is. >> All right. At this point, your honor, I would ask to uh move to admit the people's marked exhibit one under MCO uh 20 or 257.204A um that it is a uh record kept uh by the secretary of state um in compliance with that statute and is a certified copy of of such if I may approach. You may. >> And for the record, I would state that I emailed a copy of this document to the defendant at the email address I had on file approximately 25 minutes prior to the start of the trial time. >> All right. Any objection to the exhibit, Mr. Gonzalez? >> No objection. It's admitted. >> He further. Your >> honor, I have no further questions for this witness at this point. Thank you. >> Mr. Gonzalez, do you have any questions? Mr. Gonzalez appears not to have any questions. He's muted himself. So, uh, you may step down. >> Sorry about that. Um, yeah, I do have a question. >> Um, how did we get this far without establishing jurisdiction? >> Jurisdiction is established by the Michigan uh, uh, Constitution. Um, and did you get the paper recognized court of the state of I've already ruled on that motion, sir. If you wish to address it on appeal, you're welcome to do so. We do have a jurisdiction. Any further questions of this witness? >> Of this witness. Do you have any questions of the witness? >> Of this witness. Um, >> no, I don't think I do. Other than >> who's who's the injured party here? I mean, who's I would like to uh cross-examine the injured party, not not the police officer that wrote the ticket. >> Okay, very good. Anything else you'd like to present, Mr. Gonzalez? >> I would like to present the uh the documents that I emailed you uh earlier with >> We've already established your motion for uh dismissal uh has been denied. Uh address that on appeal. If if you wish to address that on appeal, you're welcome to do so. I did receive your lean notice. I have no idea what that is supposed to mean. So, anything else you'd like to present to the court? Which question did you have on the document? >> I don't have any questions on it. >> That document is then maybe we should >> Well, the sir >> welliction when you don't have any >> sir. Sir, >> your honor document. >> We can't proceed. >> We can't proceed without jurisdiction. >> All right. I have an idea, sir. You don't interrupt me and I I'll try not to interrupt you. So go ahead and make if you you you've indicated that uh you didn't have any questions and that's fine. I told you the reason that uh I in regard to that not the notice of lean you sent it's a meaningless document from a legal point of view. All right. Anything else you'd like to establish on the record? >> Yeah. What about my >> He has nothing further. You wish to sum up any arguments you have? >> I object. You're not letting me proceed. You're not letting me defend myself, >> sir. You are you're not proceeding. You keep saying you want a motion for dismissal, but I've already directed that that is denied. >> But I already I asked you, did you read the foyer request that I just sent you a while back? >> Sir, I I am we are No, I did not read a foyer request because I haven't received one. So, I can tell you and not only that, that would be and that would be illrelevant to this proceeding. >> Mr. Anything further? >> How would you know without reading it first? >> Because a foyer request in regard to this matter. We are talking about a motion a trial for driving with license suspended. Do you have anything pertinent to that in regard to this trial? >> Yeah, the foyer request that I sent you. >> Anything other than that? Sir, I am I am deeming that to be irrelevant. You can take that up on appeal as well. >> You can take that up on appeal as well. Well, sir, we're on trial. You don't you don't file things a moment before a trial and then expect the court to receive it. First of all, we didn't receive it. But in any event, sir, I've already made my ruling. Do you Sir, I'm not going to argue with you. The matter that is disposed of, you can address it on appeal. >> That's why we're here to argue, >> sir. Sir, you can address it on appeal. >> You can address it on appeal, sir. >> You You want to get out of this so bad you don't even want to fight with me on this or what? You're >> I don't want to fight with you at all because that's that's nonsense. I don't want to fight with you. I have nothing against you, sir. I'm just asking you to proceed with pertinent information. >> Well, how would you know if something's pertinent if you don't look at >> That's enough. All right. Any arguments and summation, Mr. Duffield? >> Your honor, my office's obligation is to prove the elements of these crime of this crime, each one by beyond a reasonable doubt. Uh the elements being that first that the defendant operated a motor vehicle which is defined under MCL 25733 as a vehicle that is self-propelled. I believe based on the testimony that the vehicle at issue in this case is needs such a definition. Second that the uh defendant was the one who operated that vehicle on a highway US 131 being access free 66 marker. I believe we have I object is the only testimony in evidence uh compels that conclusion and third that at the time that the def uh defendants at the time of the travel or of the of the driving the defendant's operator's license was suspended or revoked we've heard testimony from the deputy which he uh cross checked using the law enforcement information network uh which showed that the defendant had a suspended or revoked license. Further, we have since uh procured a copy of the Secretary of State certified driving record that is that the Secretary of State maintains by statute which also shows that it has been suspended. So I believe we've met all of the elements of the crime beyond a reasonable doubt and I would ask that the court find such. Thank you. >> Inate argument pertinent to the case, Mr. Gonzalez. >> Yeah. Um, I thought this case was squashed a long time ago, or else I would have prepared for trial, which I never even consented to last time I challenged jurisdiction. I should get more time to defend myself if this case is going to be going forward without me being able to defend myself. That's not fair. I thought this case was squashed the moment I sent that ticket back um with all rights reserved. >> Well, that's with 72 hours. So that is a new case has been pending. This case has actually been pending since 2022. >> Here that is indeed your event. I do find that the people have proven their case beyond a reasonable doubt. >> Please uh Miss uh card, go ahead and Well, okay, he stopped. Uh I do find that he's guilty in this matter. Fines are $250. State cost $50, court cost uh $200, crime victim right fee of $75. >> You don't have my consent on any of this >> and $150 in benchmark fees. And I want my bail back, too. >> That would be then a total of $725 and I'll give you 90 days to take care of that. Is there bond? Is there actual bond that's been posted? We have $300 bond. We'll we'll apply a bond. >> I object to that. >> We're applying it >> for a victimless crime. That's >> and remaining and remaining uh balance of uh $425 is due within 90 days. We're all set. We're going to mail out the judgment to you, sir. If you wish to appeal, you're welcome to do so. >> Thanks. >> Exhibit judge. >> I'm sorry. >> Exhibit. >> The exhibits returned to the prosecutor. >> But as a famous person once said, you can fool some of the people some of the time, but you can't fool all of the people all of the time. And as I, another more famous person, once said, if you don't teach them to read, you can foo poo fool them whenever you like. And thanks for hanging out with us on Facts or Frauds. Make sure you hit the thumbs up button, you're subscribed, and ring that bell. Also, leave a comment in the comments section. Tell me what you think. Fact. Fact. Actually, I wish you could see the studio floor right now. There's nowhere more fascinating after a show. Everyone's so busy like like bees or point Anglo-Saxon Protestants. And a huge thank you to all of our Fax or Frauds channel members. [Music] If you'd like to become a member, click on the link in the description or click join right next to subscribe. There's electricians all rolling up their cables. Whoops. Sorry guys. And there's the sound technicians unplugging all the microphones. Okay, if I keep mine on for a minute, Nami, >> stand up. >> Now, if you're still hanging out, thank you. I appreciate you all. Why not hit the thumbs up button, make sure you subscribed, ring the bell, and leave a comment in the comment section. Tell me what you think. Until next time, I'll see you soon. And of course, there's lots of the producers friends all excited, waiting to meet the stars, and generally getting in everybody's way, just like our producer. Oh, we don't mind. Oh, and not forgetting the prop guys. They're busy striking the set. That's an interesting little point there. Striking. That's a word we all use in the biz for dismantling the set. Taking it apart, unscrewing things, releasing safety catches, that sort of thing.